Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:23534
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4324 of 2025 1 - Raunak Tamrakar S/o Pramod Kumar Aged About 37 Years R/o Shivpara, Ward No. 33, District Durg, Chhattisgarh. 2 - Rishikesh S/o Praykash Hatile Aged About 24 Years R/o Village Urla, Ward No. 58, District Durg, Chhattisgarh.
... Applicant versus State Of Chhattisgarh Through The Police Station Dongargarh, District – Rajnandgaon, Chhattisgarh.
...Non-Applicant For Applicant : Mr. Rajendra Patel, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 12.06.2025
1. The applicants have preferred this Second Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.46/2025, registered at Police Station – Dongargarh, District – Rajnandgaon (C.G.) for the offence punishable under Sections 34(2) and 36 of the Chhattisgarh Excise Act.
2. The prosecution story in brief, is that, the Police Station concerned has received a secret information through the informant, and on the basis of RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI
2 said information the Police have seized 405 bulk liters of liquor from the possession of the applicants. Thereafter, the crime has been registered against the applicants, and the applicants were arrested by the Police.
3. First bail application of the applicants has been rejected by this Court vide order dated 03.03.2025 passed in MCRC No. 1680 of 2025.
4.
Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. He further submits that that for under Section 34(2) of the Chattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years. The applicants are in jail since 28.01.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail.
5. On the other hand, learned State counsel opposes the bail application and submits that in the present case, there is no criminal antecedents of the applicant, and the quantity of liquor seized from the possession of the applicants i.e. 405 bulk liters of liquor, and no plausible explanation has been given for the same. Hence, she is not entitled for grant of bail.
6. I have heard learned counsel for the parties and perused the case diary.
7. Considering the fact and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that a huge quantity of liquor, i.e. 405 bulk liters of liquor was seized from the possession of the applicants and no plausible explanation has been given in this regard. Furthermore, considering the gravity and seriousness of this case, it cannot be a case of false implication, this Court is of the view that it is not a fit case to enlarge the applicants on bail.
8. Accordingly, the Second bail application of the applicants - Raunak Tamrakar and Rishikesh involved in Crime No.46/2025, registered at
3 Police Station – Dongargarh, District – Rajnandgaon (C.G.) for the offence punishable under Sections 34(2) and 36 of the Chhattisgarh Excise Act, is rejected at this stage.
9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously.
10. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/-
(Ramesh Sinha)
Chief Justice Rajshekhar